Rights & Duties of Tenants

Every relationship involves give and take. This includes the union between landlord and tenant. While landlords are responsible for providing certain things to tenants, such as a habitable rental unit, tenants own a share of the responsibility for maintenance. As with most legal situations, the duties and rights of a renter vary by state and even from city to city.

Right to Receipts for Fees

In many cases, California allows tenants to check landlords when they charge them for something. For example, the state's Department of Consumer Affairs reports that, as of 2009, landlords may charge tenants an application screening fee of up to $42.06. This covers the cost of processing a tenant's application, including a credit check. At move-out, landlords can deduct portions of a tenant's security deposit for nonpayment of rent, damage to the rental unit or another lawful purpose. In each of these cases, California law requires a landlord to furnish an itemized list and receipts to tenants detailing the charges.

Maintenance

While California tenants have the right to live in a safe and sanitary rental unit, they also have the duty to contribute to the maintenance of their dwelling and common areas. For example, Consumer Affairs notes that tenants must maintain clean and sanitary living conditions, operate electrical, plumbing and gas facilities properly, refrain from flushing large objects down the toilet and notify the landlord when security features, such as dead bolts and window locks, stop working.

Petitions and Hearings

Some cities, such as San Francisco, have rent boards that hear grievances from tenants. The San Francisco Rent Board accepts petitions from tenants and, if the tenant's complaint falls under their purview and holds merit, it can go to hearing. The San Francisco Rent Board points out that San Francisco renters have a right to petition and a hearing on the basis of several complaints, including a landlord improperly entering their rental unit, failing to maintain the unit or causing a "substantial decrease in housing services." The latter can be interpreted broadly, but can include a landlord not fixing a building code violation that interferes with a tenancy. Simply put, if a tenant feels he is not getting his money's worth, he can petition for a rent decrease.

Credit Reports

While landlords have the right to obtain a prospective tenant's credit report, the tenant has the right to receive notice of an "adverse action" that resulted from the information the landlord viewed in the credit file. Adverse actions include disapproval of a rental application, requiring a lease co-signer or raising the deposit or rent amount higher than what another applicant would be charged, according to the Federal Trade Commission. The adverse action notice must include the contact information of the agency the landlord obtained the credit report from and details regarding the applicant's right to dispute the accuracy of the information used by the landlord to make the negative decision.

About the Author

As a writer since 2002, Rocco Pendola has published numerous academic and popular articles in addition to working as a freelance grant writer and researcher. His work has appeared on SFGate and Planetizen and in the journals "Environment & Behavior" and "Health and Place." Pendola has a Bachelor of Arts in urban studies from San Francisco State University.